[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41682-41683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 09-19773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ23


Fisheries in the Western Pacific; Marine Conservation Plan for 
Pacific Insular Areas; American Samoa

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of agency decision.

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SUMMARY: NMFS announces the approval of a marine conservation plan 
(MCP) for American Samoa.

DATES: This agency decision is effective August 11, 2009, through 
August 10, 2012.

ADDRESSES: Copies of the MCP are available from the Western Pacific 
Fishery Management Council (Council), 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, 
NMFS Pacific Islands Region, at 808-944-2108.

SUPPLEMENTARY INFORMATION: Under Section 204(e)(1)(A)of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
the Secretary of State, with the concurrence of the Secretary of 
Commerce (Secretary) and in consultation with the Council, may 
negotiate and enter into a Pacific Insular Area fishery agreement 
(PIAFA) to allow foreign fishing within waters of the U.S. Exclusive 
Economic Zone (EEZ) adjacent to American Samoa, Guam, or the Northern 
Mariana Islands, and at the request and with the concurrence of, and in 
consultation with, the Governor of the Pacific Insular Area to which 
the PIAFA applies. Section 204(e)(4) of the Magnuson-Stevens Act 
requires that prior to entering into a PIAFA, the appropriate Governor 
and the Council shall develop a three-year MCP detailing the uses for 
any funds collected by the Secretary under the PIAFA.
    Any payments received under a PIAFA shall be deposited into the 
United States Treasury and then covered over to the Treasury of the 
Pacific Insular Area for which funds were collected. In the case of 
violations by foreign fishing vessels occurring within the EEZ off any 
Pacific Insular Area, any amount received by the Secretary which is 
attributable to fines and penalties imposed under the Magnuson-Stevens 
Act, including such sums collected from the forfeiture and disposition 
or sale of property seized subject to its authority, after payment of 
direct costs of the enforcement action to all entities involved in such 
action, shall be deposited into the Treasury of the Pacific Insular 
Area adjacent to the EEZ in which the violation occurred, to be used 
for fisheries enforcement and for implementation of an MCP. The MCP to 
be approved by the Secretary must be consistent with the Council's 
fishery management plans, identify conservation and management 
objectives (including criteria for determining when such objectives 
have been met), and prioritize planned marine conservation projects.
    At its 144\th\ meeting in March 2009, the Council reviewed and 
approved the MCP for American Samoa and recommended its submission to 
the Secretary for approval. NMFS, designee of the Secretary, received 
the MCP on June 22, 2009.
    The American Samoa MCP contains seven broad conservation and 
management objectives that are consistent with the Council's fishery 
management plans. The MCP also identifies 37 individual projects that 
would be funded under a PIAFA. The objectives and projects are listed 
below, in priority order:
    <bullet> Objective 1: Promote responsible domestic fisheries 
development to provide long term economic growth and stability and 
local food production.
    1. Construct dock for commercial fishing vessels;
    2. Construct cold storage and fish processing facilities;
    3. Purchase ice making equipment to support local and export 
markets;
    4. Develop fish marketing plan;
    5. Longline permit, reporting and quota utilization program;
    6. Fish handling and HACCP training;
    7. Develop American Samoa Fishermen's Cooperative;
    8. Deploy fish aggregation devices for non-LL vessels;
    9. Upgrade technology for AS bottomfish fleet; and
    10. Promote American Samoa as a sport fishing destination through 
tournaments.
    <bullet> Objective 2: Support quality research and obtain the most 
complete scientific information available to assess and manage 
fisheries.

[[Page 41683]]

    1. Acquire catch and effort information, and establish online 
permit and reporting;
    2. Conduct reef shark movement study;
    3. Improve fisheries data collection through Matai system;
    4. Improve fisheries data collection on Ofu, Olosega, and Tau;
    5. Study fish spawning in Pala Lagoon;
    6. Establish monitoring baseline and economic valuation of 
mangroves at Nuuuli and Leone Pala;
    7. Assess risk of cannery closure on local fishery and ecosystem;
    8. Assess risk and determine sustainability of increased commercial 
fishing due to availability of cold storage; and
    9. Set additional regulations after cannery closure.
    <bullet> Objective 3: Promote ecosystem approach in fisheries 
management, reduce waste in fisheries, and minimize interactions 
between fisheries and protected species.
    1. Assess bycatch and interactions in local fisheries;
    2. Assess distribution and population abundance of marine mammals;
    3. Study spatio-temporal patterns in abundance, distribution, and 
movement of green and hawksbill turtles;
    4. Determine reef carrying capacity through modeling;
    5. Determine extent and quality of deep reef habitat; and
    6. Study feasibility of requiring bycatch mitigation methods.
    <bullet> Objective 4: Foster broad and direct public participation 
in the Council's decision-making process.
    (No projects for this objective.)
    <bullet> Objective 5: Recognize the importance of island culture 
and traditional fishing in managing fishery resources, and foster 
opportunities for participation.
    1. Promote traditional fishing practices;
    2. Revise American Samoa fishing regulations; and
    3. Enhance enforcement capabilities of village by deputizing 
community members.
    <bullet> Objective 6: Promote regional cooperation to manage inter-
jurisdictional fisheries.
    1. Establish high school marine fisheries resource management 
course;
    2. Develop local marine science integrated curriculum;
    3. Develop educational tools on reef shark conservation;
    4. Create video documentary of coral reefs and fisheries;
    5. Enhance research training capabilities of local staff;
    6. Hold regional collaborative meetings with South Pacific 
Territories; and
    7. Promote junior biologist scientific exchange.
    <bullet> Objective 7: Encourage development of technologies and 
methods to achieve the most effective level of enforcement and to 
ensures safety at sea.
    1. Install radar to monitor vessel movement; and
    2.Improve enforcement of MPAs.
    This notice announces that NMFS has determined that the MCP for 
American Samoa satisfies the requirements of the Magnuson-Stevens Act 
and has approved the MCP for the three-year period August 11, 2009, 
through August 10, 2012.

    Dated: August 12, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 09-19773 Filed 8-17-09; 8:45 am]
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